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Namibia

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Namibia

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Standard working hours

In Namibia, the Labour Act, Basic Conditions of Employment of 1992, outlines the regulations governing standard working hours. The Act stipulates that the normal workweek should not exceed 45 hours. This applies to most employees, with exceptions for security guards.

For employees working a standard five-day week, the daily working hours cannot surpass nine hours per day. If the workweek is spread across six days, the daily working hours are capped at 7.5 hours per day.

Security guards are subject to different regulations. The maximum working hours for security guards can reach 60 hours per week. This translates to security guards working a five-day week can work up to 12 hours per day. For a six-day workweek, security guards' daily working hours are capped at 10 hours per day.

The Act also addresses working hours for employees on rotating shifts. In such cases, the maximum working hours per shift cannot exceed 7.5 hours.

Overtime

In Namibia, an employer cannot require an employee to work overtime unless there's a written agreement permitting it. The overtime hours are capped at 10 hours per week and 3 hours per day. However, there are exceptions for certain professions. For instance, security guards can work a maximum of 60 hours per week, with a maximum of 12 hours per day.

When it comes to payment, employees must be paid at least one and a half times (150%) of their normal hourly rate for overtime work on weekdays. For overtime work on Sundays and public holidays, the payment is double the normal hourly rate.

Rest periods and breaks

Namibian labor law guarantees rest periods and breaks for employees to ensure their well-being and productivity.

Weekly Rest Period

Employees are entitled to a minimum of 36 consecutive hours of rest in every seven-day period. This ensures sufficient time for recovery outside of working hours.

Breaks During Workday

Employees (excluding security officers) are entitled to a break of at least 60 minutes after every five hours of work. This break is not considered working time and allows for rest and recuperation during the workday.

Exceptions

There might be exceptions to these break entitlements depending on the specific industry or nature of the work. Collective bargaining agreements may also outline different break structures.

Important Note

This guide is intended for informational purposes only and should not be substituted for professional legal advice. For comprehensive details and the latest interpretations of the Labour Act, refer to the official legal resources of Namibia.

Night shift and weekend regulations

In Namibia, the Labour Act, 2007 (Act No. 6 of 2007) provides specific regulations for night shift and weekend work.

For night shift work, the Act defines it as any hours worked between 10 pm and 7 am. Employees working these shifts are entitled to additional pay on top of their regular wages. This night shift allowance is calculated as 6% of the employee's hourly basic wage (excluding overtime) for each hour worked between 10 pm and 7 am. It's important to note that children under 18 are prohibited from working night shifts. However, the Minister of Labour has the authority to create exceptions through regulations for specific circumstances.

As for weekend work, employees who work on Sundays are entitled to a premium pay rate of 200% of their basic hourly wage for each hour worked. Alternatively, employers can choose to pay a 150% premium instead, provided they grant the employee an equivalent amount of time off work during the following week.

It's important to note that these regulations are the baseline requirements set by the Labour Act. Collective bargaining agreements or individual employment contracts may offer more favorable terms for night shift and weekend work compensation.

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